In Re Richard J. Adair Marty S. Adair, Debtors. Richard J. Adair Marty S. Adair v. Sunwest Bank Guardian Trust Deed Services
Court of Appeals for the Ninth Circuit
1Per curiam
Richard Adair and Marty Adair (“the Adairs”) appeal the district court’s judgment affirming the bankruptcy court’s grant of summary judgment to Sunwest Bank (“Sunwest”) in the Adairs’ suit seeking to set aside a foreclosure sale on their real property. We affirm.
I. BACKGROUND
The Adairs’ theory suing Sunwest (the lender) was that the lender’s failure to disburse 100 percent of the loan proceeds caused their default and ultimate bankruptcy. They allege that Sunwest induced them to borrow $328,440 on March 30, 1982, for building improvements without advising them that $36,000 in loan points and…
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